TERMS AND CONDITIONS – BRIGHTCELL LOGISTICS1. INTRODUCTION
These terms and conditions (the "Terms and Conditions") set forth the the User’s rights and obligations with respect to the use of the www.BRIGHTCELL LOGISTICS.COM website and under the distinctive sign “BRIGHTCELL LOGISTICS" or "We" (hereinafter the "Site") and the services provided through the Site. By using this website, you accept the provisions of our current Terms posted in this area of the website.Please read these terms carefully before using this website.
We recommend you to print or make a copy of the Terms for your records. BRIGHTCELL LOGISTICS reserves the right to modify, suspend, terminate or restrict your use of any part of this website at any time, without notice. Whenever these Terms are materially modified, a notice will be posted on this Site. Your continued use of the Site means your acceptance of the change of the Terms.
In case do not agree in whole or in part with the Terms and Conditions, you must refrain from using and registering on the Site.
The use that the User makes of the software, content and services provided by the Site shall be exclusive and shall not interfere with other agreements and/or services that exist by means of duly ratified written agreements.
For the purposes of this document, the following definitions shall be used, which may be written in upper or lower case.
The Site may be presented as a website, mobile app or other type of application, in accordance with the definitions provided by BRIGHTCELL LOGISTICS for such purposes.3. SITE DESCRIPTION
This Site is designed to provide a place where users can obtain information about products and services offered by BRIGHTCELL LOGISTICS and its Affiliates. The Site may also provide links to third parties websites that may be of interest to you. Additional product lines and services may be added and not all product lines and services may be available at any given time. These websites are not under our control and we are not responsible for their content. The inclusion of any link on this website does not imply our endorsement of any other Internet website.
By accessing the site, the User will be able to search, find and view, without registration, publications related to general aspects of the site and data of interest in relation to the Services offered and advertised through the site.4. GENERAL MANAGEMENT AND SITE USAGE
The Site is a channel for news, basic information and services that are provided by BRIGHTCELL LOGISTICS directly or through a network of providers.6. RELATION WITH OTHER AGREEMENTS OR DISCLOSURES
Your relationship with us is governed by specific agreements in addition to these Terms, such as an order form, sales agreement or any other binding document. If there is any conflict between any provision of these Terms and a provision of a more specific agreement or agreements with us relating to the same subject matter, the conflicting terms (and only the conflicting terms) of the other more specific agreement or agreements will prevail.7. NOTICES, COMMUNICATIONS AND ELECTRONIC SIGNATURES
You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in written form. You agree to be bound by any affirmation, assent or agreement you transmit through this Site, including, without limitation, any consent you give to receive communications from us solely by electronic transmission. You agree that, in the future, when you click on "I agree," "I consent" or other similarly worded "button" or input field with a mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable, and the legal equivalent of your handwritten signature.
8. USE OF THE SITE
When using the Site, the User shall:
The User agrees to use the Site in a diligent, correct and lawful manner and, in particular, agrees and is obliged NOT TO PERFORM any of the acts described below:
BRIGHTCELL LOGISTICS shall have the right to carry out investigations, extrajudicial and pre-judicial proceedings, as well as to initiate judicial or administrative actions against infringements or damages caused by the performance of the actions and conduct described above.
Additionally, BRIGHTCELL LOGISTICS may take different measures against the User, including, among others, the suspension or restriction of the User's access to the Site, the removal of the User's content, advertisements or publications, or the deletion of the User's account.10. DISCLAIMERS
10.1 Contents of the Site – Disclaimer
The materials on this site and any materials made available on or through BRIGHTCELL LOGISTICS are provided “as is” and “as available” and without warranties of any kind, either express or implied from BRIGHTCELL LOGISTICS. To the fullest extent permissible pursuant to applicable law, BRIGHTCELL LOGISTICS disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, appropriateness for a particular purpose, title and non-infringement. Neither BRIGHTCELL LOGISTICS nor any affiliate or authorized representative of BRIGHTCELL LOGISTICS warrants nor makes any representations regarding the use or the results of the use of the materials in this site in terms of their completeness, accuracy, reliability, timeliness or otherwise. the materials in this site could include technical inaccuracies or typographical errors.
Certain links in the website may link the user to other sites on the worldwide web. the linked sites are not under the control of BRIGHTCELL LOGISTICS or any affiliate or authorized representative of BRIGHTCELL LOGISTICS and none of such persons is responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
The site contains information regarding products and services which may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body only in specific countries. nothing in the site should be construed as a solicitation or promotion for any product which is not authorized by the laws and regulations of the country where the reader resides. the sale of products and services in each country will always be dependent on availability.
10.2 Operation of the Site – Disclaimer
As to the operation of the site, BRIGHTCELL LOGISTICS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and appropriateness for a particular purpose. BRIGHTCELL LOGISTICS makes no warranty that (i) the operation of the site will meet the user’s requirements or expectations; (ii) access to the site will be uninterrupted, timely, secure, free of unauthorized code or other harmful components, or free of error or malfunction; (iii) the results that may be obtained from the use of the site will be accurate or reliable; or (iv) errors or defects will be corrected.
10.3 Limitation Of Liability
Unless due to willful tortious misconduct or gross negligence, neither BRIGHTCELL LOGISTICS nor any affiliate or authorized representative of BRIGHTCELL LOGISTICS shall have any liability in tort, contract or otherwise (and as permitted by law, product liability) before the users or any third party.
Under no circumstances shall BRIGHTCELL LOGISTICS or any affiliate or authorized representative of BRIGHTCELL LOGISTICS be liable before a user or any third party for any special, incidental, consequential, exemplary or punitive damages (including damages for loss of profits, revenue, income, goodwill, use, data, time or other intangible losses) that may result from the use of, or the inability to use the business center, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of, or the information available on, BRIGHTCELL LOGISTICS.
Neither BRIGHTCELL LOGISTICS nor any affiliate of BRIGHTCELL LOGISTICS, or authorized representative of BRIGHTCELL LOGISTICS shall be liable before a user or third party even if any of them has been advised of the possibility of such damages.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly. In consecuence, some of the above limitations or exclusions may not apply to you.11. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BRIGHTCELL LOGISTICS and any Affiliate or Authorized Representative of BRIGHTCELL LOGISTICS from any claim, demand, loss, costs or expense, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of your violation of these Terms or any third-party’s rights hereunder, including violation of any intellectual property or privacy right, or your violation of any law or other rights of a third party. BRIGHTCELL LOGISTICS may, at its own expense, participate in any matter subject to indemnification by User, and User shall not settle any such matter in a manner prejudicial to the rights of BRIGHTCELL LOGISTICS without the written consent of BRIGHTCELL LOGISTICS, which shall not be unreasonably withheld.12. COPYRIGHT
All computer, graphic, literary, advertising, photographic, multimedia, audiovisual and design material, as well as all contents, texts and databases, or any other work made available through the Site are the exclusive property of BRIGHTCELL LOGISTICS, or in some cases, of third parties who have authorized BRIGHTCELL LOGISTICS to use or exploit them. Also, the use on the Site of some materials or works owned by third parties is expressly authorized by law or by such third parties. All Contents on the Site are protected by copyright laws and by all applicable national and international laws.
Any act of copying, reproduction, digital storage, transformation, modification, editing, translation, creation of derivative works, sale, distribution, publication, public communication, making available, at any time and by any means, including, but not limited to, physical, mechanical, electronic, digital or virtual means, without the prior express written permission of BRIGHTCELL LOGISTICS, or the copyright holder, is expressly prohibited.13. OTHER INDUSTRIAL PROPERTY ASSETS
All trademarks, emblems, logos, names and any other distinctive signs, as well as utility models or industrial designs and other elements of industrial or intellectual property inserted, used or displayed on the Site, are the exclusive property of BRIGHTCELL LOGISTICS or of the companies that are part of the Group and in some cases are owned by third parties who have expressly authorized BRIGHTCELL LOGISTICS to use or exploit them. Nothing on the Site shall be construed as granting or conferring in any manner whatsoever any authorization, license, transfer or other right to use or otherwise dispose of the Intellectual Property without the prior written permission of BRIGHTCELL LOGISTICS or the owner of the rights thereto.
Nothing on the Site shall be construed as granting or conferring in any manner whatsoever any authorization, license, transfer or other right to use or otherwise dispose of the Intellectual Property without the prior written permission of BRIGHTCELL LOGISTICS or the owner of the rights thereto.
In no case do these Terms and Conditions confer rights, licenses or authorizations to perform the acts previously prohibited. Any unauthorized use of the contents will constitute a violation of this agreement and of the current regulations on copyright and any other applicable regulations. The User undertakes by these Terms and Conditions not to modify the software of the Site in any way, by himself or through third parties.14. PRIVACY AND SECURITY
All the contents of this website, including trademarks (registered and unregistered), text, graphics, logos and service marks is the property of BRIGHTCELL LOGISTICS, except where otherwise indicated. Permission is granted to display, copy, distribute, download, and print portions of the Contents for your non-commercial personal use and for the purpose of conducting business with BRIGHTCELL LOGISTICS, provided that you comply in all respects with this Section. This permission terminates automatically if you breach any of these Terms.
These Terms and Conditions will be valid indefinitely, will apply to all usages that the User makes on the Site and until other Terms and Conditions are published by BRIGHTCELL LOGISTICS on the Site. However, BRIGHTCELL LOGISTICS may decide, at any time, to suspend or terminate the provision or accessibility and operation of the Site, without prior notice and without generating for you any right of repair or compensation.
These Terms and Conditions constitute the entire Agreement between the User and BRIGHTCELL LOGISTICS and govern their use of the Site. If any party of these Terms and Conditions is held invalid or void by a judge, that part shall be construed in accordance with applicable law, and the other parts of these Terms and Conditions shall remain in full force and effect.
If BRIGHTCELL LOGISTICS stops applying any right or provision of these Terms and Conditions, such action shall not constitute a waiver of that provision or any other provision of these Terms and Conditions.18. JURISDICTION AND APPLICABLE LAW
Unless otherwise specified, we control and operate this Site from our offices within the United States of America. The products and services described on, and the information provided through this Site are addressed to, and are not intended for distribution to, or use by, any Person in any jurisdiction where such distribution or use would be contrary to the law or regulation or that would subject us or any of our Affiliates or Authorized Representatives to any requirement within such jurisdiction that we deem burdensome. Persons who access this Site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations. The Terms and any dispute of any type that may arise between a User and BRIGHTCELL LOGISTICS and its Affiliates and Authorized Representatives concerning the use of this Site will be governed by the statutes and laws of the State of Florida, United States of America, without regard to conflicts of laws principles thereof. If you take legal action relating to the Terms, you and we consent and agree to submit to the exclusive personal jurisdiction and venue of the courts of Florida and the United States District Court for the Southern District of Florida with respect to such matters.19. MISCELLANEOUS